IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1051 of 2005()
1. C.P.JANAKI, AGED 62 YEARS,
... Petitioner
Vs
1. THE NATIONAL INSURANCE CO. LTD.,
... Respondent
For Petitioner :SRI.P.SAMSUDIN
For Respondent :SRI.MATHEWS JACOB (SR.)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :16/06/2008
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1051 OF 2005
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Dated this the 16th day of June, 2008.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Manjeri in O.P.(MV)478/00. The
claimant sustained fracture on the right wrist, fracture collar
right and he had contusion on the thigh as well as cheek. He
was 47 years old and was a coolie by profession.
The Tribunal awarded him a compensation of Rs.15,600/-. It
is against that decision the present appeal is preferred by the
claimant.
2. It is submitted that the claimant was an inpatient
in the hospital for a period of 13 days with two fractures.
The Tribunal has not awarded any amount for medical
expenses and so also the amount awarded for extra
nourishment and bystander’s expenses are inadequate. I
grant an amount of Rs.1,000/- under that head. Certainly on
account of the two fractures sustained in the right hand he
would not be in a position to do any work for two months.
M.A.C.A. 1051 OF 2005
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Therefore I grant Rs.3,000/- for loss of earnings. Similarly,
there would have been loss of amenities and enjoyment in
life on account of the right hand fracture for which I grant
Rs.3,000/-. When notional income is taken as Rs.18,000/-
and compensation is worked out for disability it would come
to an addition of Rs.1,170/- which means an additional
compensation of Rs.8,170/-.
In the result the MACA is partly allowed and the
claimant is awarded an additional compensation of
Rs.8,170/- with 7% interest on the said sum from the date of
petition till realisation and the insurance company is directed
to deposit the same within a period of sixty days from the
date of receipt of a copy of the judgment.
M.N. KRISHNAN, JUDGE.
ul/-